3 Procedure
Marine accidents occur frequently not merely from human act or error but from a complexity of factors like working conditions, ship and engine structure, natural circumstances such as harbor and sea-lane, and weather and sea condition.
On the other hand, material and circumstantial evidence is often scant. So it is sometime difficult to grasp what actually happened and to investigate its cause.
Since disciplinary punishment against the holder of a seaman and pilot's competency certificate may restrict their activities and right, a lawsuit-like procedure is used in marine accidents inquiry to ensure careful consideration and fairness.
(1) Investigation of marine accidents and Offer for commencement of inquiry
When the marine accidents happens, a commissioner immediately starts to investigate the fact and to collect the evidences. The commissioner make an offer for the commencement of an inquiry to the Local Marine Accidents Inquiry Agency when the commissioner consider the case to be subject to an inquiry in order to prevent repetition of marine accidents.
(2) Inquiry and judgement
When the offer for the commencement of inquiry is made, the case is inquired at the Local Marine Accidents Inquiry Agency. The inquiry is conducted by a collegiate body consisting of three judges with specialist knowledge and experience (in a complicated cause where it is particularly difficult to identify its case, two persons of learning and experience in the field in question may be added as commissioned judges) and in the presence of the commissioners, examinees, designated persons concerned in the marine accident, counselors and clerks.
The inquiry takes an adversarial form pitting the parties concerned against each other. “Open court”, “Oral pleadings”, “Inquiry by evidence” and “Free impression” are employed in the inquiry,
Moreover the independence of the Judge's authority in exercising inquiry is laid down by the Marine Accidents Inquiry Law.
The result of the inquiry is open to public in the form of a written judgement.
